Section 412 in Gauhati Municipal Corporation Act, 1971
412. Power to institute withdraw, etc., legal proceedings and obtain legal advice.
- The Commissioner may -(a)Take, or withdraw from proceedings against any person who is charged with,-(i)Any offence against this Act or any rule or bye-law made hereunder, or(ii)Any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of the Act, or(iii)Committing any nuisance whatsoever;(b)Contest or compromise any appeal against rateable value or assessment of any tax or rate;(c)Take, or withdraw from or compromise proceedings under sections 395, 396 and 397 for the recovery of expenses or compensation claimed to be due to the Corporation:(d)Withdraw or compromise any claim for a sum not exceeding five hundred rupees against any person;(e)Defend any suit or other legal proceedings brought against the Corporation or against the Commissioner or a municipal employee in respect of anything done or committed to be done by any one of them in the official capacity;(f)With the approval of the standing Committee, admit or compromise any claim, suit, or other legal proceedings brought against the Corporation or against the Commissioner or any municipal employee in respect of anything done or committed to be done as aforesaid;(g)Withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner on behalf of the Corporation;(h)Institute and prosecute any suit or other legal proceedings, or with the approval of the Standing Committee withdraw from or compromise any suit or any claim for any sum not exceeding five hundred rupees which has been instituted or made in the name of the Corporation or of the Commissioner; and(i)Obtain such legal advice and assistance as he from time to time thinks necessary or expedient to obtain or as he may be required by the Corporation or as he may be required by the Corporation or the Standing Committee to obtain, for any of the purposes mentioned in the foregoing clauses or for securing lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or any municipal employee.
